PHA-Exchange> Thailand warned: Thai children must not suffer from FTAs

[Davinia Ovett]

Access to Affordable Drugs: Thai Children Must Not Suffer from FTAs


United Nations Children’s Committee Warns Thailand That FTAs
Must Not Negatively Impact Children’s Rights

January 2006


Thailand came under fire last week as the United Nations Committee on the
Rights of the Child  warned the Thai government that proposed intellectual
property rules in Free Trade Agreements (FTAs) risk affecting access to
medicines and the child’s right to health. 

In its final recommendations made public on 27 January 2006, the UN
Committee strongly recommended that Thailand “ensure that regional and other
free trade agreements do not have a negative impact on the enjoyment of the
right to health by children. More specifically, ensure that such agreements
will not negatively impact the availability of drugs and medicines for
children.”

Thailand is currently negotiating a number of bilateral and regional FTAs,
including with the United States and the members of the European Free Trade
Association (EFTA includes Switzerland, Norway, Liechtenstein and Iceland).

The issue was raised during the UN Committee on the Rights of the Child’s
review of Thailand, during its 41st Session from 9 – 27 January 2006. This
independent body is responsible for monitoring the implementation of the UN
Convention on the Rights of the Child, which Thailand is a party to.

During Thailand’s review on 24 January 2006 the Committee’s Rapporteur on
Thailand stressed that the Committee wanted answers regarding proposed
intellectual property rules in FTAs and their impact on access to medicines.
He was particularly concerned about the effect of these rules on Thailand’s
provision of free antiretrovirals to treat mother-to-child transmission of
HIV/AIDS.

His concern was echoed by other Committee experts who wanted to know whether
the Thai government was evaluating the impact of FTAs on access to
affordable to medicines, and taking measures to ensure that FTAs do not
undermine the flexibilities reaffirmed by the WTO Doha Declaration on TRIPS
and Public Health.

In response to the Committee’s concerns, H.E. Mr. Chaiyong Satjipanon,
Thailand’s Ambassador to the United Nations Office in Geneva replied:

« On the Thai-US FTA negotiations both Thailand and the US are working
towards the mutual conclusion of the text of concern, in particular the IP
issue - intellectual property rights related to pharmaceutical products.
Thailand will make the most efforts to help vulnerable groups gain access to
affordable drugs and take into consideration the recommendations from all
parties concerned with regard to patent protection. »

This commitment, made in a public meeting of the Committee, can be used to
hold the government accountable to its promises. 

The Convention on the Rights of the Child is the most widely ratified
international human rights treaty, with 191 ratifications – a notable
exception is the United States. Nevertheless, the fact that the United
States has signed the treaty means that under international law it cannot
take measures that will undermine other country’s ability to comply with
their obligations under the treaty.

Thailand has an obligation under the child’s right to health (article 24 of
the Convention on the Rights of the Child) and the child’s right to life
(article 6 of the Convention) to take measures to ensure that the child has
access to affordable medicines. 

____________________________________________________________________________

3D -> Trade – Human Rights Equitable Economy (3D) encourages decision-makers
and civil society groups to use the Committee on the Rights of the Child’s
recommendation as a tool to ensure that intellectual property rules in FTAs
do not undermine access to affordable medicines and the enjoyment of the
child’s right to health.

For more information, contact: Davinia Ovett, Programme Officer, 3D -> Trade
- Human Rights - Equitable Economy.  Tel: + 41 22 320 2121, Email:
dovett at 3dthree.org

3D’s country briefing on Thailand can be downloaded from:
http://www.3dthree.org/pdf_3D/3DCRCThailand_Dec05.pdf